CUTTACK: The Orissa High Court has indicted a court of Judicial Magistrate First Class (JMFC) and court of Sessions Judge for committing gross illegalities by not granting default bail to two murder accused even as the chargesheet in the case was not filed within the stipulated 120 days. The high court said, “The right to default bail is akin to the fundamental right of liberty guaranteed under Article 21 of the Constitution
of India”.
The indictment came recently while considering the petition the two murder accused had filed challenging the rejection of their pleas for default bail, first by the court of JMFC and then the court of Sessions Judge, Bhubaneswar. Both were accused in a murder case registered with Balipatna police station on July 7 and arrested on July 11, 2022.
After finding the chargesheet in the case was not filed in court within the stipulated 120 days, Justice Shasikanta Mishra held that the court of JMFC had committed glaring illegalities by condoning the default of the prosecution in submission of chargesheet. “What is more surprising to note is, sessions judge being a senior judicial officer also failed to appreciate this fundamental aspect and principle of law,” Justice Mishra observed in his April 4 order, a copy of which was available on Saturday.
He further observed, “The bail application was thus mechanically rejected without so much even entering a discussion as regards the illegality committed by the court below. Sessions judge ought to have exhibited the sensitivity required of a senior officer in such a situation.”
While ruling that the accused persons are entitled to be released on bail forthwith, Justice Mishra underlined, “It must be kept in mind that the court is not supposed to act as an agent of the prosecution to be left at its mercy. All courts are expected to be alive to the constitutional right of the accused while dealing with matters affecting his personal liberty.”